[LINK] (fwd) Court orders man to pull offensive content from Internet
Tue, 17 Sep 2002 21:58:38 +1000
Craig Sanders wrote:
> an interesting question, at least for LINKers, is where was
> the web site
> actually hosted? if in australia, then certainly australia's
> hate-speech legislation applies (however misguided it is). if hosted
> outside of australia, however, the question of jurisdiction arises.
> what jurisdiction does an australian court have over a foreign
As Howard has pointed out, it is hosted in Australia. However, that is not
necessarily relevant to this case.
The judgement is at:
The offence is covered under the Racial Discrimination Act 1975 s.18C:
and the key words would appear to be:
"(2) For the purposes of subsection (1), an act is taken not to be done in
private if it:
(a) causes words, sounds, images or writing to be communicated to the
The court order is:
"2. The respondent:
(a) within seven days of the date of this order do all acts and things
necessary to remove from the website http://www.adelaideinstitute.org and
from all other World Wide Web websites the content of which is controlled by
him or by the Adelaide Institute: ...."
So it would appear to make no difference where the website is hosted.
However, the Court may have more difficulty exercising jurisdiction over the
Wayback Machine or other web caches ;-)
Jurisdictional issues relating to Internet content have been muddied by a
number of judgements in various countries. An important precedent will be
set when the High Court rules on the defamation case Gutnick v. Dow Jones,
which involved publication on a US site which reached an Australian
For Link list information see http://sunsite.anu.edu.au/link/